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Alabama Supreme Court's Ruling Regarding In Vitro Fertilization and Its Impact on Fertilization Treatment Services Locally and...

On 16 February 2024, the Supreme Court of Alabama published its opinion, “Supreme Court of Alabama, SC-2022-0515,” regarding whether embryos located outside the biological uterus are considered unborn children pursuant to...more

Health System Cybersecurity Risks: Part Two

In this two-part Triage series, Gina Bertolini, Sarah Carlins, and Jianne McDonald analyze two recent HHS initiatives that address cybersecurity risks to hospitals and health systems nationwide. Cybersecurity events involving...more

Health System Cybersecurity Risks: Part One

In this two-part Triage series, Gina Bertolini, Sarah Carlins, and Jianne McDonald analyze two recent HHS initiatives that address cybersecurity risks to hospitals and health systems nationwide. Cybersecurity events involving...more

The Countdown to Complete Your Consumer Health Data Privacy Policy Under the Washington My Health My Data Act

Almost one year ago, Washington State passed the “My Health, My Data” Act (the Act), which aims to protect Washington consumer health data, particularly data related to reproductive healthcare. The Act is the first law in the...more

Litigation Minute: Pixel Tools in the Health Care Arena (Pixel Tool Litigation Series: Part Four of Four)

What You Need to Know in a Minute or Less - The use of pixel technologies on websites and mobile apps in the health care field has garnered considerable attention from regulators and the plaintiffs’ class action bar....more

The Million Dollar Question: Long-Awaited Final Rules Outline Information Blocking Enforcement Priorities and Civil Monetary...

On 27 June 2023, the Department of Health and Human Services (HHS), Office of Inspector General (OIG) posted its long-awaited final rule (CMP Final Rule) related to the federal information blocking regulations and the...more

DEA Temporarily Extends COVID-19 Flexibilities for Controlled Substance Prescriptions via Telemedicine While Evaluating Permanent...

Executive Summary - The Drug Enforcement Administration (DEA) issued a temporary rule (Temporary Rule), effective 11 May 2023, extending flexibilities regarding the prescribing of controlled substances via telemedicine that...more

"My Health, My Data" Is First of Its Kind Privacy Law Focused on Protecting Consumer Health Data

SUMMARY - On 27 April 2023, Washington Gov. Inslee signed into law House Bill 1155, referred to as the “My Health, My Data” Act (the Act), which takes effect on 31 March 2024. The Act aims to protect Washington consumer...more

HHS Proposes Heightened Protections for "Highly Sensitive" PHI Related Reproductive Health Care in the Wake of Dobbs

SUMMARY - The US Department of Health and Human Services’ Office for Civil Rights (HHS) is proposing changes to the Privacy Rule under the Health Insurance Portability and Accountability Act (HIPAA). HHS's proposed changes...more

The U.S. Fifth Circuit Court of Appeals Is Poised to Address Emergency Abortions and the Scope of EMTALA's Preemption of State...

On 10 March 2023, the U.S. Department of Justice (the DOJ) appealed to the Fifth Circuit Court of Appeals an amended final decision by the Northern District of Texas (the Texas District Court) that struck down U.S. Department...more

Consolidated Appropriations Act of 2023 Extends Telehealth Waivers

On 29 December 2022, President Biden signed into law the Consolidated Appropriations Act of 2023 (the Act), allocating US$1.7 trillion in government spending. The Act contains hundreds of pages of legislation on a myriad of...more

Confidentiality of Substance Use Disorder Records: Long-awaited NPRM Proposes Aligning Part 2 with HIPAA

BACKGROUND - As we noted in prior health care alerts in 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) significantly overhauled the federal law that governs the confidentiality of substance use...more

Health Care Triage: The Information Blocking Rule's "Glide Path" - Compliance with the Information Blocking Rule After the...

In this episode, Gina Bertolini and Stephen Page discuss the most recent Information Blocking Rule compliance deadline. Using a recent letter from several health care providers and other stakeholders to the Office of the...more

Privacy of Health Information After Dobbs: OCR Guidance on Disclosures of PHI and the Privacy of Personal Information on Devices

On 28 June 2022, in the wake of the U.S. Supreme Court’s ruling in Dobbs vs. Jackson Women’s Health Organization, the U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra directed the Office for Civil...more

Health Care Triage: Regulatory, Contractual, and Governance Considerations for Data Transactions

In this episode, Rebecca Schaefer and Gina Bertolini discuss the incredible value of health care data and how providers can harness the power of data transactions to drive innovation, discovery, and advancements in medical...more

COVID-19: State Law Telehealth Considerations: State Licensure Requirements Persist, Permissible TeleHealth Modalities Generally...

As the explosion of telemedicine continues during and, as many expect, after the COVID-19 public health emergency (PHE), state laws and regulations that affect the delivery of telemedicine services continue to expand and...more

COVID-19: State Law Telehealth Update: State Licensure Requirements Persist, Permissible Telehealth Modalities Generally Expand,...

As the explosion of telemedicine continues during and, as many expect, after the COVID-19 public health emergency, state laws and regulations that affect the delivery of telemedicine services continue to expand and contract....more

Health Care Triage: Data Security Breaches in the Health Care Sector

Desiree Moore, Gina Bertolini, and Jackie Hoffman discuss the increasing impact of data security incidents and security breaches on the health care sector. They define what qualifies under HIPAA as a protected health...more

US Regulatory Considerations Applicable to Digital Health Providers and Suppliers – Part IV: Other Potential Applicable Laws

This final article in our four-part series examines other relevant laws digital health providers and suppliers should know. If you missed our earlier articles, you can read about HIPAA in Part I and Part II, and the FDCA and...more

US Regulatory Considerations Applicable to Digital Health Providers and Suppliers - Part III: FDCA

This article examines another major regulatory regime relevant to mHealth application developers – the Federal Food, Drug and Cosmetic Act (FDCA), as well as regulatory issues unique to non-US companies. ...more

US Regulatory Considerations Applicable to Digital Health Providers and Suppliers – Part II: HIPAA (Continued) & Additional...

In Part I, we provided a high-level overview of Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its provisions. In Part II, we discuss how HIPAA is applied to mobile health (mHealth) application...more

US Regulatory Considerations Applicable to Digital Health Providers and Suppliers – Part I: HIPAA

Digital health technologies are revolutionizing the global health environment by advancing healthcare services, Big Data analytics and medical device development and innovation, expanding the reach, accessibility and...more

Health Care Triage: Cybersecurity Risk in the Health Care Industry

As health care providers are increasingly relying on complex and integrated electronic medical record systems, the health care industry has rapidly become one of the most frequent and often vulnerable targets for...more

Bipartisan CONNECT for Health Act of 2021 Seeks to Permanently Expand Telehealth Reimbursement

On 29 April 2021, Senator Brian Schatz (D-HI) reintroduced the Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act of 2021, S. 1512 (the Act). The bill, which currently has 59...more

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